Delivering Energy Law and Policy in the EU and the US

A Reader

Edited by Raphael Heffron and Gavin F.M. Little

Description

Leading experts addresses the effectiveness of policy delivery in energy and the environment

International experts from a range of disciplines, including the sciences, law, politics, economics and engineering, examine how best to achieve energy policy objectives. From evaluating policy delivery on wind farms in Texas in the US to developing nuclear power in the Middle East, this book presents fresh thinking on key concepts and ideas on energy law and policy delivery in a concise and readable format.

Delivering Energy Law and Policy in the EU and the US

A Reader

Edited by Raphael Heffron and Gavin F.M. Little

Table of Contents

The ContributorsAcknowledgementsPreface

1 Introduction

PART 1: ENERGY POLICY DELIVERY IN GENERAL

2 Six Maxims for Informed Energy Analysis and Policy3 Ending Subsidies for Fossil Fuel Exploration in a World of Unburnable Carbon4 Were North Sea Oil and Gas 'Field Allowances' Subsidies - And Does it Matter? 5 Renewable Energy Disputes6 Using a Legacy Frame to Deliver Energy and Environment Policies7 The Emergence of EU Energy Law8 How to Improve Regulation?9 Delivering Energy Networks Security: Economics, Regulation and Policy10 The Role of Marketing in Delivering Energy Law and Policy

Part 2: Energy Policy Delivery in the US11 A Brief History of United States Energy Policy12 Applying Innovation Policy to the U.S. Energy/Climate Challenge13 National Scientific Laboratories as an Energy Policy Vehicle: The United States' Experience14 Delivering Energy Policy in the U.S.: The Role of Taxes15 Delivering The Wind: Deconstructing Renewable Energy Success in Texas16 Solar Rights in the United States 17 The U.S. - China Climate Agreement: A New Direction18 Going Green: The United States Department of Defense and Energy Security19 US Conjunctive Water Management and Sustainable Energy Development

Part 3: Energy Policy Delivery in the EU20 Delivering new polity: Paving the way for the European Energy Union21 Antitrust Enforcement in the EU Energy Sector22 Delivering Energy Policy in the EU: Some Thoughts on the Role of Consumers23 The Growing Impact of Free Movement Provisions in the EU Energy Market24 Energy, externalities and the need to revisit Deutsche Bahn: a proposal to reverse the European stance on EU State aid law and international aviation.25 RES: Towards a new European policy26 Energiewende in Germany - the dawn of a new energy era27 What is a sustainable policy? A case for the Energiewende28 The Finnish energy policy: fulfilling the EU energy & climate targets with nuclear and renewables29 The EU-Russia relationship and the EU Energy Union: from Dependence and Vulnerability towards Competition and a Free Flow

Part 4: Electricity30 Role of Uncertainty in Energy Investments and Regulation31 Energy Security in an Unpredictable World: Making the Case Against State Aid Limitations in Electricity Generation32 Delivering a low-carbon electricity system in a liberalised market33 A Proposal for Reforming an Electricity Market for a Low-Carbon Economy34 The role of the demand-side in electricity35 Replacing Fossil Fuel Generation with Renewable Electricity: is Market Integration or Market Circumvention the Way Forward? 36 Susceptibility of electricity generation to climate variability and change in Europe: a review of literature37 The External Dimension of the Cross-Border Electricity Transmission Planning in the EU38 Integrating Vehicles and the Electricity Grid to Store and Use Renewable Energy39 A Stitch in Time: Could Ireland's Forthcoming White Paper Breathe New Life into Its Brave but Faltering Renewable Electricity Policy?40 Recent developments in the Hungarian electricity regulatory framework

Part 5: Nuclear Energy41 Delivering the Revival of Nuclear Power42 Energy Policy: The role of nuclear power43 Financing New Nuclear Power Stations44 UK nuclear new-build plans in the light of international experience45 Delivering UK nuclear power in the context of European energy policy: the challenges ahead 46 Nuclear liability - current issues and work in progress for the future47 The Present Status of Nuclear Third-Party Liability and Nuclear Insurance48 Small Modular Reactors: the Future or the Swansong of the Nuclear Industry?

Part 6: Renewable Energy49 Coherent promotion of renewables under a carbon emissions cap50 Renewable Energy Policies Change Carbon Emissions Even Under Emissions Trading51 The Renewable Trajectory: Avoiding the Temptation of Cheap Oil52 Impact of Renewable Portfolio Standards on In-state Renewable Deployment in the US53 Renewable Support Policies in Europe: Evaluation of the Push-Pull Framework for Wind and PV in the EU54 A View from the Global Wind Industry55 The new concept of competitive bidding on photovoltaic in the German Renewable Energy Act 201456 Legal certainty for green energy projects: sure, but at what price? How Belgium needed to review its green energy support system and how variable parameters often provide more legal certainty than fixed parameters 57 The Future of Hydroelectric Power in the United States: Thinking Small58 Hydropower: From past to future uncertainties59 Renewable energy production in marine areas and coastal zone - the Norwegian model60 The geopolitics of clean energy: re-engaging with Russia through renewable energy cooperation

Part 7: Fossil Fuels61 Talking About Shale in Any Language62 The Shale Revolution, Fracking and Regulatory Activity in the US: a Policy Divided 63 Fractured Systems: A Multiple Policy Proposal for Promoting Safe Shale Gas Delivery in the United States 64 Preparing Pennsylvania for a Post-Shale Future65 The Decline of Coal and the Economic Toll on the Appalachian Region66 The EU Network Codes and Prospects of Cross-Border Natural Gas Pipeline Projects67 Building the Energy Union: the problem of cross-border gas pipeline interconnections in Baltic, Central, and South-Eastern Europe68 Eminent Domain Authority for Upstream Gas Infrastructure: An Alternative Approach69 Petroleum Licensing on the UKCS 50 Years On: Problems, Solutions and More Problems?70 Greenland Offshore Petroleum Regulation Towards "The Blue Arctic"

Part 8: Energy Justice71 Energy Justice: The Yin and Yang Approach.72 Sustainable development and energy justice: two agendas combined73 Assessing the Justice Implications of Energy Infrastructural Development in the Arctic

Part 11: Energy Security88 Energy Security and Energy Policy Incoherence89 Designing International Trade in Energy Governance for EU Energy Security90 NATO and European Energy Security91 Genealogy of the current gas security situation in the EU-Ukraine-Russia energy triangle and the role of international law

Part 12: Country-Specific and International Energy Policy Delivery92 German Energy Law93 Delivering Energy Law and Policy in Malta94 Delivering Energy Efficiency Policies in Romania95 Energy Law in the Czech Republic: 'Unbundling' CEZ96 Delivering Energy Policy Reform in Ukraine: Legal Issues in the Light of European Integration97 A systemic approach to renewable electricity technology deployment: The 'missing link' in optimising policy delivery in the UK?98 Delivering Energy Policy: Is there need for key changes in the next UK Parliamentary Period 99 Energy and the State in the Middle East100 Delivering Energy Policy in Argentina101 The Arctic: Source of energy? Source of conflict? Source of policy innovation

Part 13: Cities, Community Energy & Public Engagement102 Delivering Energy (Often) Requires Public Consent103 Public engagement and low carbon energy transitions: rationales and challenges104 Delivering Energy Policy in Ireland: Protest, Dissent and the Rule of Law 105 National energy policy, locally delivered: the role of cities106 Community Energy in the UK107 Distributed Energy Resources: Back to the Future and More108 Promoting Cost-Effective Distributed Generation: Lessons from the United States

Part 14: Climate Change and the Environment109 Energy and Climate Policy: Synergies, Conflicts, and Co-Benefits110 The Multi-Level System of Global Governance: Opportunities for more Ambitious Climate Strategies111 The What, How and Where of Climate Law112 Environmental Law and Climate Change113 Energy and environment studies: the role of legal scholarship114 Overview of the EU climate policy based on the 2030 framework115 Climate Policy Instrumentation in Spain116 Planning consent and the law of nuisance117 Multi-State Endangered Species Act Listings; The Impact to Energy & New Conservation Approaches in the United States118 Delivering Energy to the Drylands: Obligations under the UN Convention to Combat Desertification (UNCCD) to Provide Energy, Water and More

Part 15: New Technologies and Energy Initiatives119 Delivering new energy technologies: the military as consumer and innovator 120 Delivering Energy Policy for Planet Ocean by Investing in Ocean Thermal Energy Conversion Infrastructure121 The necessity of government support for the successful deployment carbon capture and storage 122 "Too little and too late? An evaluation of the regulation of Carbon Capture and Storage as an integral element of a future low carbon energy system"123 Carbon Capture and Storage (CCS) Readiness Assessment: A Premature Regulatory Requirement?124 Value of Energy Storage: The Required Market and Policy Supports125 Energy Storage Systems: A Risky Investment to Provide the Required Flexibility for Future Smart Grids126 An energy partnership between the European Union and Brazil for the promotion of second generation biofuels

127: ConclusionIndex

Delivering Energy Law and Policy in the EU and the US

A Reader

First Edition

Edited by Raphael Heffron and Gavin F.M. Little

Author Information

Raphael Heffron is a qualified lawyer and Lecturer in Law at the University of Leeds and Associate Researcher at the Energy Policy Research Group, University of Cambridge. He has published in many energy law and policy journals such as: Oil, Gas and Energy Law; International Energy Law Review; Journal of World Energy Law and Business; Technology Forecasting and Social Change; Energy Policy; and Applied Energy. Raphael's research interests are in energy and electricity policy and in particular on low carbon emitting energy. He is a contributing author to Law Making and the Scottish Parliament: The Early Years, E, Sutherland, K Goodall, G Little and F Davidson (eds), Edinburgh University Press, 2011.

Gavin Little is Head of Division of Law and Philosophy and Head of the Stirling Law School, and Professor of Public Law. He is an editor and contributing author to Law Making and the Scottish Parliament: The Early Years, E, Sutherland, K Goodall, G Little and F Davidson (eds), Edinburgh University Press, 2011.

UKAnna Cronin de Chavez, Sheffield Hallam UniversityCatherine S. E. Bale, University of LeedsCharlotte A. Adams, Durham UniversityCheryl Parkhouse, Burges-Salmon LLPChris Eaglen, MIET Control Engineer, LondonDanny Campbell, University of StirlingDarren McCauley, University of St. AndrewsDavid Powell, Friends of the Earth (England, Wales & Northern Ireland)David Robinson, Oxford Institute for Energy Studies Diletta Colette Invernizzi, University of LeedsEdward Flippen Queen Mary University of London (and University of Virginia School of Law, USA)Florian Kern, University of SussexFrancis McManus, University of Stirling and Edinburgh Napier UniversityGavin Little, University of StirlingGeoffrey Wood, University of StirlingGerardo Zarazua de Rubens, Cornwall EnergyGiorgio Locatelli, University of LeedsGokce Mete, University of DundeeHannes R. Stephan, University of Stirling, ScotlandHugh Dyer, University of LeedsJim Platts, University of CambridgeJohn Barrett, University of LeedsJohn McEldowney, University of WarwickJohn Paterson, University of Aberdeen Jouni Paavola, University of LeedsKarim L. Anaya, University of CambridgeKaty Roelich, University of LeedsKirsten E H Jenkins, University of St AndrewsLindsay C. Stringer, University of LeedsLouise Reid, University of St AndrewsLucie Stevenson, University of StirlingLudovic Gaudard, London School of Economics (and University of Geneva, Switzerland)Malcolm Keay, Oxford Institute for Energy Studies, University of OxfordMarek Martyniszyn, Queen's University BelfastMaria Pavlenko, West Sands Advisory Ltd, St AndrewsMatthew Rooney, University of Cambridge Ms Muriel C. Bonjean Stanton, University of LeedsNavraj Singh Ghaleigh, University of EdinburghOlivia Woolley, University of AberdeenPaul Haynes, Royal Holloway, University of LondonPaul Upham, University of Leeds Peter D. Cameron, University of Dundee Philip Johnstone, University of SussexRafael Leal-Arcas, Queen Mary University of LondonRaphael J. Heffron, Queen Mary University of LondonRobert Rehner, University of St. AndrewsRoger Kemp, University of LancasterRoman Sidortsov, University of CambridgeRoy Andrew Partain, University of AberdeenS.D. Thomas, University of GreenwichSandra Bell, Durham University Saska Petrova, University of ManchesterShelagh Whitley, Overseas Development Institute, LondonSimon Taylor, University of CambridgeStavros Afionis, University of LeedsStephen F. Ashley, The Open UniversitySteve Sorrell, University of SussexStuart Bell, University of York Suraje Dessai, University of LeedsTao Zhang, University of BirminghamTony Roulstone, University of CambridgeTooraj Jamasb, Durham University Business School Tristano Sainati, University of Lincoln, LincolnWändi Bruine de Bruin, Leeds University Business SchoolWilliam J. Nuttall, The Open University